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Kuwait: Adopting the tenth edition of the nice classification

The tenth edition of the Nice Classification is expected to enter into force on January 1, 2017 in Kuwait, thus replacing the outgoing eighth edition. The adoption of the 10th edition will not affect trademarks already filed and registered in Kuwait. Upon next renewal, goods and classes affected by this change in formalities should be reclassified accordingly by the Trademark Office.

It is important to note that regardless of which edition of the Nice Classification is being used, the trademark offices across the Gulf Cooperation Council (GCC), which Kuwait is a member of, will depart from the Nice Classification when dealing with items that contradict Sharia law. For example, trademarks covering alcoholic goods and related retail or wholesale services are prohibited. By way of background, the GCC member states are Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.

The table below offers a general overview on the Nice Classification in the Middle East and North Africa.

Country Nice Edition Adopted Member of the Nice Agreement? Is it possible to claim class headings?
Afghanistan 8th No Yes
Algeria 10th Yes (entry into force: July 5, 1972) Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.
Bahrain 10th Yes (entry into force: December 15, 2005) Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.
Cyprus 10th No No
Djibouti 8th No Yes
Egypt 10th Yes (entry into force: June 18, 2005) Yes
Ethiopia 8th No Yes
Gaza 8th; Class 33 & alcoholic goods in class 32 cannot be registered No Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.
India 9th No Yes
Iran 8th; Class 33 & alcoholic goods in class 32 cannot be registered No Yes
Iraq 7th with local sub-classification No Yes (an applicant can only claim class headings)
Jordan 10th Yes (entry into force: November 14, 2008) No
Kuwait 8th; Class 33, alcoholic goods in class 32, & pork meat in class 29 cannot be registered No Yes
Lebanon 10th Yes (entry into force: April 18, 1961) Yes
Libya 8th; Class 33, alcoholic goods in class 32, as well as Christmas trees and related products in class 28 cannot be registered No Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.
Morocco 10th Yes (entry into force: October 1, 1966) Yes
Oman 10th No No
Pakistan 8th No Yes
Qatar 7th; Class 33 & alcoholic goods in class 32 cannot be registered No Yes for all classes except for classes 1, 4 to 7, 10 to 14, 16 to 22, 29, and 31
Saudi Arabia 10th; Class 33, alcoholic goods in class 32, pork meat in class 29, & Christmas trees and related products in class 28 cannot be registered No Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.
Sudan 9th; Class 33 & alcoholic goods in class 32 cannot be registered No No
Syria 10th Yes (entry into force: March 28, 2005) Yes
Tunisia 10th Yes (entry into force: May 29, 1967) Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.
Turkey 10th Yes (entry into force: January 1, 1996) Yes
United Arab Emirates 10th; Class 33 & alcoholic goods in class 32 cannot be registered No Yes
West Bank 8th No Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.
Yemen 8th; Class 33 & alcoholic goods in class 32 cannot be registered No Yes

 

If you have any questions, or require any additional information, please contact us at mail@kuwaitmark.com